House Approves Cell Phone Ban

A bill that would make illegal, at least for the vast majority of motorists, the practice of holding a cell phone to the ear while driving cleared the House this morning.

The vote was 39-25. Six Republicans voted in favor of the bill, while five Democrats opposed it.

HB 1094 would require all drivers to employ hands-free equipment while talking on a wireless telephone.

The measure would also generally prohibit minors and school bus drivers from talking on a wireless telephone, even with a hands free device, while operating a motor vehicle. The only exception to that new statutory rule would be the use of the wireless telephone to contact a law enforcement agency.

The bill flatly prohibits, for all drivers, the practice of 'texting" while driving, as well as the use of electronic mail and Internet web-browsing and other applications requiring the use of a keyboard.

The bill exempts police officers, firefighters, emergency medical technicians and some commercial truck drivers from its strictures.

Drivers would be authorized to use a cell phone without a hands-free device in an emergency situation, such as when a person's life or safety is in danger or a crime is being committed. In addition, use of a wireless telephone would be permitted when necessary to report a "fire, traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner."

The ban on the use of a wireless telephone while driving would not apply when a vehicle is lawfully parked or when it is stopped on the shoulder of a road or highway.

A first offense would result in a $50 dollar fine. Subsequent offenses would draw a $100 fine. The bill does not authorize law enforcement officers to search or seize a wireless telephone used by a motorist in violation of its provisions.

HB 1094 now heads to the Senate. It is sponsored in that chamber of the General Assembly by Sen. Bob Bacon, D-Fort Collins.

Merrifield's "Car Courtesy" Bill Clears Committee

Legislation that aims to keep traffic moving reasonably fast on Colorado's mountain roads got the approval of a House committee this morning.

HB 1042 requires any vehicle traveling at a velocity less than the speed limit and which is blocking more than five other vehicles to pull over so that the vehicles behind can pass. The slow driver would be required to pull off the road at the first safe location.

"People can relate to this because at one time or another they've been stuck behind a slow RV or car," sponsoring Rep. Mike Merrifield, D-Colorado Springs, said. "On narrow winding roads, I see it happening all the time."

Merrifield said he witnessed a similar law in action during a visit to Alaska last summer. The "Last Frontier" experiences an influx of slow recreational vehicles in the warm months and that state's traffic code requires those vehicles to make way for faster vehicles on narrow roads.

"I'm calling it the 'Car Courtesy Bill,'" Merrifield said. "If you are a slow driver, the courteous thing to do, when you have the opportunity, is to get out of the way. Such courtesy will reduce road rage, too, but it’s primarily a safety issue."

The veteran Democrat said that he thinks his bill, if enacted, will lower the temptation to pass when conditions do not warrant it.

"Cars get backed up and when they get impatient, drivers try to pass," Merrifield said. "They pass when you can't see the traffic ahead or they pass when there are too many vehicles to be passing safely. I've seen people passing when they never should've tried. I'm sure they just got sick and tired of waiting."

The bill now goes to the House floor.

US Highway 285 Designated "Ralph Carr Memorial Highway"

Both chambers of the General Assembly approved Friday a resolution designating the portion of U.S. Highway 285 from its intersection with Colorado Highway 470 in Jefferson County to the New Mexico state line as the "Ralph Carr Memorial Highway."

The designation honors the late former Republican governor known for his opposition to interning Japanese-Americans during World War II.

A recent book by local reporter Adam Schrager details the impact Carr's stance on the question of imprisoning Americans of Japanese descent had on his political career.

Carr, a former Conejos County attorney, assistant attorney general and United States attorney, sought a U.S. Senate seat in 1942. He lost to incumbent Democrat Edwin Johnson, in part because of his opposition to federal efforts to detain Japanese-Americans at the Ameche relocation camp in eastern Colorado during his term as the state's 29th governor between 1939-1943.

Carr (Dec. 11, 1887-Sept. 22, 1950) grew up in Cripple Creek. He was an opponent of President Franklin D. Roosevelt's "New Deal" program but generally supported FDR's foreign policies.

He was nominated by the GOP for another term as governor in 1950 but died before the general election. He was replaced as the Republican candidate 20 days before the election by Daniel I.J. Thornton, who went on to beat the favored incumbent, Walter W. Johnson. Ironically, Thornton was succeeded by the man who beat Carr for the U.S. Senate seat in 1942, Edwin Johnson.

Carr is buried in Denver's Fairmount Cemetery.

The resolution re-naming U.S. Highway 285 was sponsored by Reps. Rob Witwer, R-Genesee, and Rafael Lorenzo Gallegos, D-Antonito, and Sen. Josh Penry, R-Grand Junction.